State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-406

§1‑406.  Commissioner of sale to account in sixty days.

In all actions or specialproceedings when a person is appointed commissioner to sell real or personalproperty, he shall, within 60 days after the maturity of the note or bond forthe balance of the purchase money of said property, or the payment of theamount of the bid when the sale is for cash, file with the clerk of thesuperior court a final account of his receipts and disbursements on account ofthe sale; and the clerk must audit the account and record it in the book inwhich the final settlements of executors and administrators are recorded. Ifany commissioner appointed in any action or special proceedings before theclerk fails, refuses or omits to file a final account as prescribed in this section,or renders an insufficient or unsatisfactory account, the clerk of the superiorcourt shall forthwith order such commissioner to render a full and trueaccount, as required by law, within 20 days after service of the order. Uponreturn of the order, duly served, if such commissioner shall fail to appear orrefuse to exhibit such account, the clerk of the superior court may issue anattachment against said commissioner for a contempt and commit him till heexhibits such account, or files a bond for the amount held or unaccounted foras is prescribed by law  for administrators, the premium for which is to bededucted from the commissioner's fee, earned by said commissioner in saidaction or special proceeding. (1901, c. 614, ss. 1, 2;Rev., s. 725; C.S., s. 765; 1933, c. 98.)